Raja General Agency Rep. by Its Partner/Manager, Shri R.S. Punekar and ors. Vs. Union of India (Uoi), Ministry of Food and Consumers Affairs, Department of Sugar and Edible Oil and ors. - Court Judgment

Excerpt:

..... merely because the 5th defendant (great grant son) has successfully established the execution and attestation of the will, it does not ipso-facto establish that he was succeeded to all the properties. the testatrix should have right over the properties bequeathed so that the beneficiary under the will succeeds to the properties. having regard to the fact that the original defendant no.1was not the absolute owner of the properties mentioned under the will, she could not have bequeathed the entire extent of the properties in favour of the 5th defendant under the will. there is no dispute that upon the death of s, defendant no.1 being the widow was entitled to succeed to the properties of her husband along with her sons and daughter. therefore, she succeeded to 1/6th share in the properties left behind by her husband. the question is as to whether she could bequeath her undivided 1/6th share in the plaint schedule properties under a will? section 30 of the hindu succession act, no doubt, empowers an hindu to dispose of the properties by will or other testamentary disposition of any property, which is capable of being so disposed of by him or by her in accordance..........direct the second respondent to issue notification exempting the edible oils from the provisions of the 'edible oils packaging (regulation) order, 1998, as provided under clause 3 of the order, 1998.2. i have heard learned counsel appearing for petitioners and learned additional government advocate appearing for respondents 2 to 6.3. learned counsel appearing for both the parties, at the outset, submitted that, the subject matter involved in this case is directly covered by the order passed by this court dated 17th june 2009 in w.p. no. 1939 of 2008 and connected matters (bangalore oil and oil seeds association and ors. v. union of india and ors.). therefore, they submitted that, following the said order, the instant writ petitions filed by petitioners may also be disposed of.4. the submission made by learned counsel appearing for both the parties, as stated above, is placed on record.5. in the light of the submission made by learned counsel appearing for both the parties as stated supra, the writ petitions filed by petitioners are disposed of, following the order passed by this court dated 17th june 2009 in w.p. no. 1939 of 2008 and connected matters (bangalore oil and.....

Judgment:

ORDER

N.K. Patil, J.

1. Petitioners in these petitions have sought for quashing the order called 'The Edible Oils Packaging (Regulation) Order, 1998, which was published in the Gazette of India Extraordinary dated , 17th September 1998 vide Notification dated 17th August 1998 and also as amended by GSR 710(E) dated 30th November 1998 and GSR 37(E) dated 4th February 2000 vide Annexure A issued by the first respondent Further, they have sought for quashing the intimation dated 15th June 2007, dated 15th June 2007, 30th July 2007 and 5th October 2007 respectively issued by the respondents 3 to 6 vide Annexures D to D4 They have also sought for a direction, direct the second respondent to issue Notification exempting the edible oils from the provisions of the 'Edible Oils Packaging (Regulation) Order, 1998, as provided under Clause 3 of the Order, 1998.

2. I have heard learned Counsel appearing for petitioners and learned Additional Government Advocate appearing for respondents 2 to 6.

3. Learned Counsel appearing for both the parties, at the outset, submitted that, the subject matter involved in this case is directly covered by the order passed by this Court dated 17th June 2009 in W.P. No. 1939 of 2008 and connected matters (Bangalore Oil and Oil Seeds Association and Ors. v. Union of India and Ors.). Therefore, they submitted that, following the said order, the instant writ petitions filed by petitioners may also be disposed of.

4. The submission made by learned Counsel appearing for both the parties, as stated above, is placed on record.

5. In the light of the submission made by learned Counsel appearing for both the parties as stated supra, the writ petitions filed by petitioners are disposed of, following the order passed by this Court dated 17th June 2009 in W.P. No. 1939 of 2008 and connected matters (Bangalore Oil and Oil Seeds Association and Ors. v. Union of India, Bangalore and Ors.) and for the reasons stated therein, reserving liberty to the petitioners to submit their additional detailed representations along with the necessary documents to substantiate the relief sought in their representations for exemption of registration for running their business, within a period of two weeks from the date of receipt of copy of this order.

On receipt of such representations, the competent authority of respondents is directed to receive the same and pass appropriate orders, after affording reasonable opportunity to these petitioners personally or through their Counsel and dispose of the same, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the representations to be submitted by these petitioners.

All other grounds urged in these writ petitions are left open.

Learned Additional Government Advocate is permitted to file memo of appearance on behalf of respondents within three weeks from today.